Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
Pursuant to the report submitted by the Government of Curaçao on 02 September 2019 under Article 22 of the ILO Constitution, Article 3, paragraph 2 of the DML (Decree regarding the temporary implementation of the Maritime Labour Convention) states that “In the provisions laid down by or pursuant to this Decree, a seafarer is understood to mean a natural person who works, in any capacity, on bord a ship.” Paragraph 2 states that “Ministerial Regulation with general operation, categories of activities on board a ship can be designated, after consultation with Ships’ Operators and Seafarers, or representative organizations thereof, in which case the persons who perform these activities are not considered Seafarers.” Instruction to RO No. 22 states that “2.2 Seafarer
A seafarer is any person who is employed or engaged or works in any capacity on board a ship to which the MLC applies.
The Administration, taking into account the criteria provided in Resolution VII, considers that the following persons will not be considered as seafarers for the purpose of the MLC 2006:
i. passengers;
ii. relatives and family of seafarers, not engaged in any activity related to the regular operations on board the ship;
iii. military personnel, surveyors, inspectors and pilots, as mentioned in article 1, part b of the Netherlands Pilots Act;
iv. persons on board ships in a port or port facility, as mentioned in article 1, sub f respectively c, of the Port Security Act;
v. other persons whose occupations are not part of the regular activities on board the ship. In case of doubt, these cases might be determined by the procedure as referred to below.”
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
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Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
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